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Alternative to Litigation
Participants at a Sino-Australian legal seminar yesterday stressed the importance of "alternative dispute resolution" as opposed to litigation in civil disputes.

More than 200 Chinese and Australian law experts attended the seminar on "ADR and the modern role of law" in Beijing.

Most experts worldwide believe that ADR is a more efficient and practical way of solving civil disputes under certain circumstances. In China, the People's Mediation System, a form of ADR with Chinese characteristics, has won high praise as the "oriental experience" in international judicial circles.

The seminar discussed the legal status, significance and role of the ADR, the operating procedures, measures and effectiveness of different ADR mechanisms, and the state's role in perfecting an ADR scheme.

With the number of civil and economic disputes rising, all governments and judicial circles are currently paying much attention on how to solve them efficiently and fairly, China's Vice Minister of Justice Duan Zhengkun told the forum.

As one form of ADR, "mediation plays an irreplaceable role in safeguarding social stability and justice, maintaining economic development and promoting unity among civilians."

China was willing to boost international exchanges and cooperation in this regard on the basis of mutual respect and benefit, he noted.

Justice Frank Vincent of the Supreme Court of Victoria in Australia said, "Litigation is often criticized for being slow, procedurally complex and costly." ADR, on the other hand, "is perceived as having the ability to empower disputants, through the provision of more flexible processes that enable greater disputant choice, control and direct participation in disputes."

By the end of 2001, China had set up 900,000 mediation centers and trained 8 million mediators. Each year an average of over 6 million civil disputes were settled through mediation.

(eastday.com November 21, 2002)

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